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N.D. Ga. · Judge Brown · Practice Guide

Hon. Michael L. Brown

All local rules for N.D. Ga., integrated with this judge's published requirements.

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Before You File
Ex parte applications
🏛 N.D. Ga. local rule

(B) Proper Notice to Adversary. Whenever an attorney desires to confer with a judge or magistrate judge of this Court in chambers with regard to a pending case, the attorney shall first give proper notice to opposing counsel, disclosing the date, hour, and nature of the conference sought, and shall satisfy the district judge or magistrate judge that such notice has been given. Emergency situations in which it is impossible to contact opposing counsel and those situations (other than motions to proceed in forma pauperis) where ex parte motions or applications are contemplated by the Federal Rules of Civil Procedure are excepted from this rule. N.D. Ga. LR 7.5(B) ↗

Contacting chambers
👤 Judge Brown — standing order

Jessica Kelley, the Courtroom Deputy Clerk, is your principal point of contact on matters related to this case. Communications with Ms. Kelley should be via email or in writing addressed as follows: Honorable Michael L. Brown ATTN: Jessica Kelley Courtroom Deputy Clerk 1942 United States Courthouse 75 Ted Turner Drive, SW Atlanta, GA 30303-3309 Jessica_Kelley@gand.uscourts.gov If a telephone call is necessary, you may reach Ms. Kelley at 404-215-1535 (direct dial). Please note that Ms. Kelley is often in the courtroom, so telephone messages may not be returned for 24 hours. Neither the parties nor their counsel should discuss the merits of the case with Ms. Kelley or any of the Court's law clerks.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 N.D. Ga. local rule
Motion

(D) Page and Type Limitations. Absent prior permission of the Court, briefs filed in support of a motion or in response to a motion are limited in length to twenty-five (25) pages. N.D. Ga. LR 7.1(D) ↗

Opposition

(D) Page and Type Limitations. Absent prior permission of the Court, briefs filed in support of a motion or in response to a motion are limited in length to twenty-five (25) pages. N.D. Ga. LR 7.1(D) ↗

Reply

(D) Page and Type Limitations. Absent prior permission of the Court, briefs filed in support of a motion or in response to a motion are limited in length to twenty-five (25) pages. If the movant files a reply, the reply brief may not exceed fifteen (15) pages. N.D. Ga. LR 7.1(D) ↗

👤 Judge Brown — standing order
Motion

The Court generally will not approve extensions of page limitations. Parties seeking an extension of the page limit must do so at least five (5) days in advance of their filing deadline and should explain with specificity the reasons necessitating the extension. If a party files a motion to extend the page limit at the same time his or her brief is due, the extension request will be denied absent a compelling and unanticipated reason for violating this rule. The Court will not consider any arguments made in pages that exceed the Local Rules' requirements.

Filing & Scheduling
Briefing schedule & hearing date
🏛 N.D. Ga. local rule
Notice period

(B) Response to Motion. Any party opposing a motion shall serve the party's response, responsive memorandum, affidavits, and any other responsive material not later than fourteen (14) days after service of the motion, except that in cases of motion for summary judgment the time shall be twenty-one (21) days after the service of the motion. N.D. Ga. LR 7.1(B) ↗

Hearing days

(E) Hearings. Motions will be decided by the Court without oral hearing, unless a hearing is ordered by the Court. N.D. Ga. LR 7.1(E) ↗

👤 Judge Brown — standing order
Hearing days

In accordance with Local Rule 7.1E, motions are usually decided without oral argument, but the Court will consider any request for hearing. If oral argument is requested, the party or parties should specify the particular reasons argument may be helpful to the Court and what issues will be the focus of the proposed argument. Moreover, the Court is inclined to grant a request for oral argument on a contested substantive motion if the request states that a lawyer of less than five years out of law school will be chiefly responsible for conducting the oral argument, it being the Court's belief that new lawyers need more opportunities for court appearances than they usually receive. More senior attorneys may participate as necessary, but the junior attorney must have a lead role.

Chambers / courtesy copies
👤 Judge Brown — standing order
Details

The parties shall submit courtesy copies by hand-delivery to chambers of (1) any emergency motions filed pursuant to Local Rule 7.2B or (2) motions for temporary restraining orders. Otherwise, courtesy copies are unnecessary and should not be submitted to the Court unless specifically requested.

Proposed orders
🏛 N.D. Ga. local rule

Unless the Court directs otherwise, all orders, including findings of fact and conclusions of law, orally announced by the district judge in Court shall be prepared in writing by the attorney for the prevailing party. The original order shall be submitted to the district judge within seven (7) days from the date of pronouncement. Copies shall also be provided each party. N.D. Ga. LR 7.3 ↗

👤 Judge Brown — standing order

For all consent, unopposed, or joint motions, the filing party shall include a proposed order granting the motion.

Filing under seal
👤 Judge Brown — standing order

Please note: It is not the Court's practice to allow entire pleadings to be sealed from public view, but only to allow the redaction of specific portions of a pleading if a proper foundation is laid that protection of confidential or proprietary information is required. Counsel should use discretion in requesting protection for a document, material, or information within documents or pleadings and only seek protection where factually necessary and legally permitted (e.g., bank account numbers, scientific formulas, confidential pricing calculations).

The Hearing
Oral argument
🏛 N.D. Ga. local rule

(E) Hearings. Motions will be decided by the Court without oral hearing, unless a hearing is ordered by the Court. N.D. Ga. LR 7.1(E) ↗

👤 Judge Brown — standing order
Default practice

In accordance with Local Rule 7.1E, motions are usually decided without oral argument, but the Court will consider any request for hearing. If oral argument is requested, the party or parties should specify the particular reasons argument may be helpful to the Court and what issues will be the focus of the proposed argument. Moreover, the Court is inclined to grant a request for oral argument on a contested substantive motion if the request states that a lawyer of less than five years out of law school will be chiefly responsible for conducting the oral argument, it being the Court's belief that new lawyers need more opportunities for court appearances than they usually receive. More senior attorneys may participate as necessary, but the junior attorney must have a lead role.

Discovery
Discovery referral procedure
🏛 N.D. Ga. local rule

(D) Assignments to a Magistrate Judge. In a case referred to a magistrate judge, the magistrate judge will perform the duties assigned to him or her by the Court or a district judge under Court rule, plan, order or other document. A magistrate judge will perform other duties when those duties are assigned to him or her by the Court or a district judge under Court rule, plan order, or other document. The duties assigned to a magistrate judge by the Court, and the manner of their distribution and assignment, are specified in a standing order of the Court, available in the clerk’s office and on the Court’s website at www.gand.uscourts.gov. N.D. Ga. LR 72.1(D) (assignments to a magistrate judge; distribution of duties set by standing order of the Court) ↗

Discovery dispute procedure
👤 Judge Brown — standing order

The Court will work to reduce delay and inefficiency arising from discovery disputes. The parties, therefore, must submit discovery disputes to the Court before formal motions to compel or motions for a protective order are filed. In the event a discovery dispute arises, the parties are required to meet and confer in an effort to resolve the dispute. Counsel or pro se litigants are required to confer -- by telephone or in person -- in good faith before bringing a discovery dispute to the Court. See Fed. R. Civ. P. 26(c) and 37(a)(1); LR 37.1A, NDGa. The duty to confer is not satisfied by sending a written document, such as a letter, email, or fax, to the adversary, unless repeated attempts to confer by telephone or in person are unsuccessful due to the conduct of the adversary. If the dispute cannot be resolved, the parties shall electronically file on the docket a Joint Statement Regarding Discovery Dispute, using the "Notice of Filing" event, outlining their positions on each of the discovery items in dispute. The statement shall not exceed three (3) pages, single-spaced, in a font accepted by the Local Rules. The parties are required to attach as an exhibit to the statement an excerpt of the relevant discovery requests including only the language of the specific requests and, potentially, the disputed responses that are the subject of the dispute. The parties should not attach an entire copy of their interrogatories, requests for production of documents, or requests for admission. After reviewing the dispute, the Court will determine whether the dispute can be resolved on the papers or whether a conference is necessary and will notify the parties accordingly. All discovery conferences will be recorded by a court reporter. Motions to compel, to quash a subpoena, for a protective order, or for sanctions ordinarily may NOT be filed without a prior conference with the Court.

More from Judge Brown’s procedures
👤 Judge Brown — standing order
MSJ limitation

All citations to the record evidence should be contained in each party's brief, not just in the party's statement of undisputed (or disputed) facts. When filing a brief in support of or in opposition to a motion for summary judgment, the party shall simultaneously file an electronic copy of the complete transcript of each deposition referenced in the brief, and a notice of filing of the deposition transcript(s). The party should include in the brief, immediately following the deposition reference, a citation indicating the page and line numbers of the transcript where the referenced testimony can be found. The party should also attach to the brief a copy of the specific pages of the deposition that are referenced in the brief. The party should not attach to the brief a copy of the entire deposition transcript. The entire deposition transcript shall be filed separately under a notice of filing original deposition transcript. In addition to following the form instructions set out in Local Rule 56.1B, a party responding to a statement of material facts shall copy into its response document the numbered statement to which it is responding and provide its response to that statement immediately following. A party that chooses to reply to a response shall copy into its reply document its original numbered statement of material fact and the opposing party's response, then provide its reply to that statement immediately following. Source ↗

Pre motion procedure

Any request for a temporary restraining order or preliminary injunctive relief must be made by a separate motion. A request for a temporary restraining order or preliminary injunction found only in the complaint will not be considered. After filing an appropriate motion, the movant must contact Ms. Kelley to request expedited consideration. Source ↗

Know Before You Go
👤 Judge Brown — deviations that burn people
  • Discovery disputes require a Joint Statement filed as a 'Notice of Filing' docket event -- not a letter to chambers and not a standalone motion.
  • The Joint Statement is limited to 3 pages single-spaced; attach only the relevant request excerpts (not full discovery sets).
  • No formal discovery motion may be filed without a prior court conference.
  • Meet-and-confer must be by phone or in person; email is insufficient.
  • Junior counsel using the junior lawyer policy must be the lead presenter at oral argument.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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